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Advertisement: The radio advertisement for Subway said in part: "I've always had a love hate relationship with the weeks - if Monday had a face I'd punch it... but now Subway has made every day lovable with a $4.90 Sub of the Day."

The Chair ruled there were no grounds for the complaint to proceed.

Complainant, C. McInally, said: "Radio add by subway said it hated mondays and if monday was a person he would punch him in the face. Unacceptable with NZ's culture of violence." The relevant provisions were Code of Ethics - Basic Principle 4, Rule 4, Rule 7.

The Chair noted the Complainant's concern that punching someone in the face was unacceptable, particularly considering New Zealand's culture of domestic violence.

While the Chair acknowledged the reference was unfortunate, she took into account the intended humour in personifying 'Monday' as a difficult day of the week, which most people could relate to. She said the advertisement did not reach the threshold to be considered to encourage violent behaviour and was saved by humour. Noting the offence the advertisement caused the Complainant, she said taking into account generally prevailing community standards, it was unlikely to cause serious or widespread offence to most people.

The Chair said the advertisement was not in breach of Rule 4 or Rule 7 of the Code of Ethics and had been prepared with a due sense of social responsibility to consumers and society.

Accordingly, the Chair ruled the complaint had not grounds to proceed.

Chair's Ruling: Complaint No Grounds to Proceed

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